Westchester County Child Visitation Attorney
In a divorce in the state of New York, when the court has determined that one parent will function as the custodial parent, child visitation, sometimes referred to as “parental access,” is generally awarded to the non-custodial parent. Grandparents and siblings may also petition the court for visitation rights, but unless there are extenuating circumstances, the court always recognizes that a non-custodial parent has the right to reasonable visiting with the child. The standard used to determine visitation issues is the best interest of the child, and of course, nothing is more important. In New York, if you are involved in or anticipate a dispute over child visiting in Westchester, Dutchess, Putnam, Orange, or Rockland County, get the legal help you need at once and speak promptly with an experienced Westchester County child visitation attorney at Kimberly Pelesz New York Law, LLC.
LEGAL HELP FOR PARENTS AND CHILDREN
Unless a parent has a history of physical abuse, sexual abuse, or substance abuse, the courts will almost always allow visitation, and even with these considerations, supervised visits may still be approved. The court will entirely deny visitation rights to a parent only under the rarest circumstances. In addition, the court will generally encourage parents to work out their own visiting schedule unless irreconcilable differences force the court to consider and issue visitation orders.
DO GRANDPARENTS HAVE VISITATION RIGHTS, TOO?
Each state has its own grandparent visiting rights laws, however New York laws are considered to be rather restrictive compared to other states. New York law figures that if mom or dad doesn’t want the grandparents to see their children then there must be a good reason for that decision. New York law states that parents have a right to raise their own children as they wish, so grandparents who are not permitted visitation with the children must be able to prove that their presence in the child’s life is in the child’s best interests.
Typically, grandparent visiting rights are only granted when one parent of the child has passed away or when the court believes that another party, in this case the grandparents, needs to intervene to protect the child. Grandparents must have a pre-existing and established relationship with the child in order to obtain visitation rights.
Courts will only consider requests for visiting from the natural grandparents or grandparents by legal adoption. New York also does not consider aunts, uncles, cousins or even great-grandparents for visitation petitions.
The court system in New York takes a lot of factors into consideration when determining whether grandparents should be granted visitation rights. The main concern is ensuring that the visiting schedule is in the best interests of the child.
The courts are also interested to hear what the child prefers, why the grandparents are petitioning for visitation rights, what the home environment is and whether the parents are acting morally appropriate in front of the children.
If you are a grandparent who is seeking visitation rights in the state of New York, contact an experienced Westchester County child visitation attorney as soon as possible. When your relationship with your grandchild has become damaged due to a divorce or family conflict, an attorney may be able to step in and help you get your visitation rights back. Children have richer, more fulfilled lives when their grandparents are present, so every child should grow up with their grandparents in the picture.
HOW TO ENSURE A SMOOTH VISITATION
There are several changes that you will need to get used to in your life after a divorce, and one of those changes is a parental visitation schedule arranging to have your child spend time with the other parent. Remember, for the visitation schedule to go smoothly, you must first get rid of any animosity you feel towards the other parent, and must let negative feelings lie on the back burner. Try to make the visit as comfortable and enjoyable for the child as possible. Remember, that the child needs to spend this time with the other parent. Help him enjoy this time.
If the child is leaving to meet with his other parent, give him extra clothes to avoid inconvenience. If your child has spent the week with you and is returning to the custodial parent, then make sure that you clean the clothes that he has used over the weekend.
Interact positively with the other parent during visitation handovers. Remember your child is closely watching the interaction between you.
Inform the other parent about the timings for the visitations, as well as extracurricular activity timings, and other important information. Remember, easy communication between the parents is important to make a visitation schedule efficient. To make such communication between you easy, arrange to share an online calendar or a spreadsheet.
Have regular meetings with your ex-spouse to discuss the visitation schedule, any upcoming changes, or other plans.
If there are changes to be made in the visitation schedule, inform the other parent in advance. Negotiate with the other parent in advance in a friendly manner so that any missed visits can be made up without any hassle.
Discuss holiday plans in advance. Don’t make last-minute plans that will inconvenience the other parent.
For help with visitation schedules, or assistance with any child custody- related matters, speak to a Westchester County child visitation lawyer.
CALL OUR FAMILY LAW ATTORNEYS TODAY
When you’re represented by the Westchester County child visitation attorneys with Kimberly Pelesz New York Law, LLC, you’re treated with complete professional courtesy, and you’re never just another case number. Contact us right away for a free initial consultation if you are involved in or anticipate a dispute over child visitation. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County child visitation attorney can help you through a child visitation dispute, email us or call us promptly at (914) 402-4541.